By Elmer Doonan, Julie Macfarlane
Now in its moment variation, this well known and profitable ebook is vital analyzing for all attorneys and vocational scholars. The Civil method principles 1998 have redefined the position of pleadings and brought a brand new criminal vocabulary. they've got altered considerably the age-old ideas that say how circumstances may be pleaded. during this re-creation, the part on pleadings has been thoroughly rewritten to take account of such alterations. each legal professional has to draft, and error are usually expensive and occasionally catastrophic. Readable, sensible and thorough, "Drafting" outlines, with consistent connection with examples, the rules that practice to the drafting of all felony files. a number of the ideas have remained unchanged for years, yet their misapplication nonetheless motives difficulties. This ebook outlines the experts which govern the development of files, and shows how one can say what you actually suggest.
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Extra info for Drafting (Legal Skills Series)
The first step in the composing stage should be the preparation of an outline of what needs to be included in the document, especially if the document is being composed without the benefit of a precedent. The purpose of the outline is twofold. First, it will avoid important matters being accidentally overlooked with the result that they are either omitted from the document altogether or are only considered at a late stage. If a provision is omitted it may, at best, be necessary to draft an amending supplement to the document or, if circumstances permit, to redraft and re-execute it.
Check each section or division If the document was planned so that provisions which have a common theme are gathered into separate sections or divisions, the contents of each section or division should be reviewed carefully. Check that the contents of each clause or sub-clause in that section or division, when compared and considered in relation to other provisions in the same section, do not overlap and contain all matters which are necessary or relevant. The Drafting Process 47 Check references and cross-references It is probably better to avoid references to provisions in other documents and cross-references to provisions in the document being drafted, if at all possible.
It is also worth 22 Drafting remembering that the opportunity to do the drafting without interruptions which break the train of thought will save on time, as interruptions invariably mean that the matters being dealt with have to be done over again. 1 The client The first step in the drafting process will be initiated by the client giving instructions. 6). Apart from those cases in which the client gives instructions which both client and lawyer assume from the outset will require a legal document, there may be occasions when the drafting process begins with the client seeking legal advice and, as a result of the client accepting that advice, a document may need to be drafted.